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Is CH 13 better for the future than CH 7?

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    #16
    Originally posted by FreshLikeADaisy View Post
    Nazstar, you may have already considered this, but instead of quitting, what about FMLA or other unpaid leave for however long?
    I thought about that, but I need to quit sooner rather than later so our income can drop off to file for 7. FMLA at my job is 12 weeks at full pay (AWESOME benefit). If I work until then (I'm due mid- June), then take my 12 weeks, that's putting us at full salary until october. Then we'd have to wait 6 months from THEN to file. Lawyer is advising us to file in August - September which means I need to quit in February right after I get my yearly bonus. Unpaid leave is a bit tricky as I'm a marketing officer. If I leave, I'm not marketing, hence, when I get back, my accounts are reassigned and I need to start from scratch again.

    I'm not burning any bridges and can come back if I want to, but I would really like to use this opportunity to change careers and start over again. I have been wanting to go to law school for about 15 years now and circumstances kept delaying it. Maybe now is the time for me to do something for myself instead of others and pursue this dream.

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      #17
      Shame there's no way to get that paid 12 weeks *now*.... if you're having even the least bit of a difficult pregnancy, might be worth getting the doc to write you out. Many will help if they realize you do actually have paid leave and them writing you out isn't going to cost you your job. Ah well, it was just a thought.
      Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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        #18
        Originally posted by FreshLikeADaisy View Post
        Shame there's no way to get that paid 12 weeks *now*.... if you're having even the least bit of a difficult pregnancy, might be worth getting the doc to write you out. Many will help if they realize you do actually have paid leave and them writing you out isn't going to cost you your job. Ah well, it was just a thought.
        I am so early (only 3.5 months) that it wouldn't be FMLA, it would be short term diability - that's a whole other animal. But it is a shame to see it go to waste though. If I wasn't filing, I would ride it out, take the 12 weeks at full pay and just not come back.

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          #19
          Since we aren't over the median income even with DH's new income but it is our current expenses vs. income that could push us into CH 13, would it be "wrong" of me to take a leave of absence from work and postpone filing for a month or so to reduce our current income?

          My DH and I have been talking about whether I should keep working or not because we have some things going on with our 3-year-old, which makes it very trying in the mornings. By the time I get to work, I'm already stressed out, so while I don't mind my job, there is enough going on that I get fairly bored/frustrated there. Therefore when I get home, I'm about ready to cry. Plus I have clinical depression (the more stressed I am, the worse it gets). My supervisor at work already knows about the depression stuff (part of the reason we are in the hole we are in has to do with me being off work last year for 6 weeks) and what's going on with our daughter. She is willing to work with me on reducing my hours even more than we just did- I had picked up a day because someone else was on leave for 3 months and is returning after the holidays- but she also offered me the option of taking some time off to sort out the stuff with my daughter. I don't necessarily want to quit completely because come next fall she'll be in preschool and I wouldn't mind working during that time plus to help pay for it!
          Filed CH 7...12/27/2007
          341.............2/5/2008
          60 days.......4/5/2008
          Discharged...5/12/2008 Closed.........6/4/2008

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            #20
            Be careful on the expenses. I've been trying to avoid a 7 even though I make more than the mean, but now I've been spending so much on a monthly basis that my attorney thinks they may make me give up a car. We'll see. Good luck.
            Filed Ch 7 - January 29th, 2008
            341 - February 29th, 2008
            Discharge - June 20th, 2008
            Closed - October, 2008

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              #21
              Originally posted by erinmi View Post
              Since we aren't over the median income even with DH's new income but it is our current expenses vs. income that could push us into CH 13, would it be "wrong" of me to take a leave of absence from work and postpone filing for a month or so to reduce our current income?
              Don't worry about what's "wrong," worry about what's legal.

              If you have to leave work due to illness (depression, etc.) then you are unable to work. If that happens to bring your income down, well then, that's what it does.
              Chapter 13 Filed "Old Law"
              Filed: 6/2003 Confirmed: 3/2004
              Early pay off sent: 10/05/2007 - 9 months early
              11/16/2007 - Discharged!

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                #22
                Well, we met with our lawyer today to sign all the paperwork. Our lawyer kept our income schedule the same and said we should just plan to tell the trustee that DH's income went up but mine went done. We did adjust numbers in the budget/schedule J so now we are $350 in the negative instead of $90 in the positive. He felt that it would all be fine at the 341 with our trustee.

                I'm on my way out the door to drop off our certified check (they forgot to tell us it needed to be certified if we wanted to file today, otherwise they have to wait until our personal check cleared pushing us into another month and the new year).

                And now the waiting begins.....
                Filed CH 7...12/27/2007
                341.............2/5/2008
                60 days.......4/5/2008
                Discharged...5/12/2008 Closed.........6/4/2008

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